S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8201
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to requiring the
   notice to crime victims of case disposition to inform the victim  that
   he  or  she  has  the  right to attend interviews between the board of
   parole and incarcerated individual; and to amend the executive law, in
   relation to requiring the board of  parole  to  review  victim  impact
   statements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 440.50 of the  criminal  procedure
 law,  as  amended by chapter 322 of the laws of 2021, is amended to read
 as follows:
   1. (A) Upon the request of a victim of a crime, or in any event in all
 cases in which the final disposition includes a conviction of a  violent
 felony  offense  as  defined in section 70.02 of the penal law, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined in article one hundred thirty of such law, the district attorney
 shall,  within  sixty  days of the final disposition of the case, inform
 the victim by letter of such final disposition. If such  final  disposi-
 tion  results  in  the commitment of the defendant to the custody of the
 department of corrections and community supervision for an indeterminate
 sentence, the notice provided to the crime victim shall also inform  the
 victim  of his or her right to submit a written, audiotaped, TELEPHONIC,
 or [videotaped] VIDEO RECORDED victim impact statement to the department
 of corrections and community supervision or to meet  personally  with  a
 member  of  the  state board of parole at a time and place separate from
 the personal interview between a member or members of the board and  the
 incarcerated individual and make such a statement, subject to procedures
 and limitations contained in rules of the board, both pursuant to subdi-
 vision  two  of section two hundred fifty-nine-i of the executive law. A
 copy of such [letter] STATEMENT shall be provided to the board of parole
 AND ALL PRESIDING COMMISSIONERS FOR  SUCH  HEARING.  The  right  of  the
 victim under this subdivision to submit a [written] victim impact state-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13369-01-1
 S. 8201                             2
 
 ment  IN  ANY  FORMAT  or  to meet personally with a member of the state
 board of parole applies to each personal interview between a  member  or
 members of the board and the incarcerated individual.
   (B)  IN  ALL  CASES  IN  WHICH THE FINAL DISPOSITION INCLUDES A FELONY
 DEFINED IN ARTICLE ONE HUNDRED  TWENTY-FIVE  OF    THE  PENAL  LAW  THAT
 RESULTS IN THE COMMITMENT OF THE DEFENDANT TO THE CUSTODY OF THE DEPART-
 MENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR AN INDETERMINATE
 SENTENCE, THE NOTICE PROVIDED TO THE CRIME VICTIM PURSUANT TO  PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL ALSO INFORM THE VICTIM OF HIS OR HER RIGHT
 TO  ATTEND THE PERSONAL INTERVIEW BETWEEN MEMBERS OF THE BOARD OF PAROLE
 AND THE INCARCERATED INDIVIDUAL,  WHETHER  IN-PERSON  OR  BY  ELECTRONIC
 APPEARANCE  AS DEFINED IN SECTION 182.10 OF THIS CHAPTER, AND REASONABLY
 EXPRESS HIS OR HER OPINIONS CONCERNING THE CRIME, THE INCARCERATED INDI-
 VIDUAL, AND  WHETHER  OR  NOT  THE  INCARCERATED  INDIVIDUAL  SHOULD  BE
 RELEASED  ON  PAROLE, AND IF SO RELEASED, UNDER WHAT CONDITIONS, SUBJECT
 TO PROCEDURES AND LIMITATIONS CONTAINED  IN  THE  RULES  OF  THE  BOARD,
 PURSUANT  TO  SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE LAW.  IF THE VICTIM IS PRESENT AT THE  PAROLE  INTERVIEW,  THE
 BOARD, AT THE VICTIM'S REQUEST, SHALL PERMIT THE PRESENCE OF AN INDIVID-
 UAL  TO  PROVIDE  SUPPORT TO THE VICTIM.   THE RIGHT OF THE VICTIM UNDER
 THIS SUBDIVISION TO ATTEND THE PERSONAL INTERVIEW BETWEEN MEMBERS OF THE
 BOARD AND THE INCARCERATED INDIVIDUAL, WHETHER IN-PERSON OR BY ELECTRON-
 IC APPEARANCE,  APPLIES TO EACH PERSONAL INTERVIEW BETWEEN A  MEMBER  OR
 MEMBERS OF THE BOARD AND THE INCARCERATED INDIVIDUAL.
   § 2. Subdivision 2 of section 259-i of the executive law is amended by
 adding a new paragraph (f) to read as follows:
   (F)  IMMEDIATELY  PRIOR  TO THE CONDUCT OF ANY HEARING BY THE BOARD OF
 PAROLE AS PROVIDED IN THIS ARTICLE, THE MEMBERS OF  THE  BOARD  AND  ALL
 PRESIDING  COMMISSIONERS FOR SUCH HEARING SHALL REVIEW ALL VICTIM IMPACT
 STATEMENTS RELATING TO THE OFFENSE OR OFFENSES OF WHICH THE INCARCERATED
 INDIVIDUAL HAS   BEEN CONVICTED,   INCLUDING  VICTIM  IMPACT  STATEMENTS
 PROVIDED  IN CONNECTION WITH THE PRE-SENTENCING REPORT AND VICTIM IMPACT
 STATEMENTS PROVIDED DIRECTLY TO THE BOARD.  ALL VICTIM IMPACT STATEMENTS
 PROVIDED DIRECTLY TO THE BOARD SHALL BE  VIDEO  RECORDED.    FAILURE  TO
 REVIEW  STATEMENTS AS PROVIDED IN THIS SECTION SHALL RENDER SUCH HEARING
 INVALID.
   § 3. This act shall take effect immediately